WHEREAS, Hernando County has adopted zoning regulations pursuant to Chapter 163 and Section 125.01(1), Fla. Stat.,which authorize the County to regulate the use of land in the unincorporated areas of Hernando County, Florida, and take action on the request herein; and,
WHEREAS, the Hernando County Board of County Commissioners (BOCC) conducted a duly advertised public hearing on January 10, 2006, to consider the requested changes in zoning on the specified parcel(s) in Hernando County, Florida, as more fully described below.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF HERNANDO COUNTY, FLORIDA AS FOLLOWS:
APPLICANT: Glen Lakes Partnership FILE NUMBER: H-05-54
PURPOSE: Master Plan Revision to a Combined Planned Development Project (C/PDP) to Include: Rezoning from (MF) Multifamily and (REC) Recreation to (SU) Special Use, (HC) Highway Commercial and (SF) Single Family which Eliminates the Golf Course and Increases the Residential Density, a Reduction in Setbacks and Change in External Access Points.
GENERAL
LOCATION: West side of US 19, north side of Glen Lakes Boulevard, north side of Outer Banks Drive.
LEGAL
DESCRIPTION: A portion of Sections 11 - 14, Township 22 South, Range 17 East, Hernando County, FL (legal description is lengthy; on file in the Planning Department).
REQUEST: Master Plan Revision to a Combined Planned Development Project (C/PDP) to Include: Rezoning from (MF) Multifamily and (REC) Recreation to (SU) Special Use, (HC) Highway Commercial and (SF) Single Family which Eliminates the Golf Course and Increases the Residential Density, a Reduction in Setbacks and Change in External Access Points; and subject to performance condition(s) as enumerated in the BOCC Meeting Results Memorandum (which is incorporated herein by reference and made a part hereof). The representations contained in the Applicant's rezoning application are incorporated herein by reference and made a part hereof and are relied upon by the County to be true and correct. For purposes herein, it is presumed that all requisite notice and advertising requirements have been satisfied.
FINDINGS
OF FACT: ALL of the facts and conditions set forth in the County's staff memoranda and presented to the BOCC in connection with the public hearing in this matter are incorporated herein by reference and made a material part of this Resolution as integral to the BOCC's action. The BOCC finds that the testimony and record supporting approval of the request to be credible and to constitute competent substantial evidence. In further support thereof, the BOCC makes the following specific findings of fact:
1. The proposed rezoning to (HC) Highway Commercial would be too intense given the general commercial zoning approved in the area and the surrounding land uses. However, rezoning to (GC) General Commercial would be compatible with the surrounding area and consistent with the County's adopted Comprehensive Plan.
2. The proposed single family uses, at the density proposed, would be compatible with the surrounding area.
3. In furtherance of the County's Frontage Road Ordinance, the Petitioner has agreed as part of its master plan proposal to construct both a new frontage road segment (the "North Parcel Frontage Road") and a new entrance road that will connect the North Parcel Frontage Road to U.S. 19 (the "North Parcel Entry Road"). The Petitioner has also agreed to physically connect the North Parcel Frontage Road to Outer Banks Drive. Upon completion of said roadway segments, said roadways shall be dedicated, by deed or plat, to the County for use as public roads. All road dedications hereunder shall be subject to formal acceptance by the Board of County Commissioners and in such form as prescribed.
4. Further, in connection herewith, the Petitioner has represented to the County that Outer Banks Drive (as existing within the borders of Glen Lakes) is available for use by the public.
5. The setback reduction along US 19 from 125' to 75' has been adequately justified through the proposed roadway.
6. However, adequate justification has not been provided at this time to substantiate the reduction in setbacks requested along Outer Banks Drive from 35' to 0', along the north boundary from 35' to 15', on the west boundary from 35' to 20'; consequently these deviations are not approved.
7. Based upon the foregoing, the master plan revision is hereby deemed consistent with the County's adopted Comprehensive Plan and is compatible with the surrounding land uses subject to compliance with all performance conditions set forth in the BOCC Meeting Results Memorandum.
CONCLUSIONS
OF LAW: The BOCC is authorized to act on this matter pursuant to Chapters 125 and 163, Fla. Stat. Accordingly, after public hearing and testimony, being fully advised in the record, and based upon competent substantial evidence, the BOCC makes the following specific conclusions of law:
1. The master plan revision is consistent with the County's adopted Comprehensive Plan and is compatible with the surrounding land uses subject to compliance with all performance conditions set forth in the BOCC Meeting Results Memorandum.
ACTION: After notice and public hearing, based upon the record in this matter and ALL of the findings of fact and conclusions of law above, the BOCC hereby APPROVES the Master Plan Revision to a Combined Planned Development Project (C/PDP) to include: Rezoning from (MF) Multifamily and (REC) Recreation to (SU) Special Use, (GC) General Commercial and (SF) Single Family which Eliminates the Golf Course and Increases the Residential Density, a Reduction in Setback along US 19, and Change in External Access Points; subject to all conditions set forth in the BOCC Meeting Results Memorandum which is incorporated herein by reference and made a part hereof. Any requests, uses, variances or exceptions not specifically approved herein are hereby deemed DENIED.
ADOPTED IN REGULAR SESSION THE 10th DAY OF JANUARY, 2006
BOARD OF COUNTY COMMISSIONERS
HERNANDO COUNTY, FLORIDA
Attest:__________________________ By:______________________________________
KAREN NICOLAI, CLERK DIANE B. ROWDEN, CHAIRPERSON
(SEAL)